Competency
Form of Objection
· This person is not competent to be a witness because [lacks personal knowledge; is attorney at trial for party; is underage and not demonstrated able to understand, etc.].
· Incompetent because illegally obtained (in criminal matters) without a warrant; by unreasonable search; without giving the Miranda warning, etc.
· Incompetent—inadequate foundation laid showing reliability in that . . .
· Unable to translate the occurrence into words
General Rule
· Certain classes of persons offered as witnesses, and certain classes of documentary or real evidence, are legally presumed unreliable or excluded from admission to protect other policies, such as the sanctity of marriage or priestly penitence, or the Fourth and Fifth Amendment privileges. When these issues arise, a preliminary factual determination regarding foundation for overcoming the presumption may be needed.
Examples and Legal Authority
· Missouri courts presume that a witness is competent to testify except for a few statutory exceptions, including mental incapacitation. State v. Robinson, 835 S.W.2d 303, 307 (Mo. banc...
